They told this person that, after the 3rd attempt, if he cannot do it correctly they will take him to juvie*this is for underage*.
But for any age, can they arrest you just because you cannot do it correctly?
I mean what if you never did one before. You should be arrested because you don't know what you are doing.
2007-01-20 07:45:10 · 11 answers · asked by ♥Brown Eyed Girl ♥ 5 in Politics & Government ➔ Law Enforcement & Police
A breathalyzer isn't difficult and if you ask the officer will explain it to you. I don't know if they can arrest you, but if they suspect you're drunk you can be taken into custody. It doesn't take much logic to figure out that you can ask what to do.
2007-01-20 07:50:21 · answer #1 · answered by J 4 · 2⤊ 0⤋
Most states, not doing it right, despite numerous attempts is viewed as failure to blow and in NYS, that is an automatic license revocation, regardless of trial out come or even if you are charged. It is a condition imposed on you when you get your license. You agree to take the breathalyzer and if you refuse, revocation and fine. It is considered a simple procedure and not being able to do it is not a valid excuse. Otherwise everyone would say that. Its called blowing out your mouth. Thats called breathing and we all do it. If someone doesn't know how to breath, they have other issues.
If you do fail to blow, the cop will just testify you where drunk, based on his observation...slurred speach, unsteady on feet, glassy eyes, odor, etc etc....
For the record though, the device they use in the street is NOT the breathalyzer. It is not what they use to convict you. You can refuse that. If anything, I would. Thats just more evidence against you. The real breathalyzer is at the police station and it is a big machine that is calibrated regularly and most important, prints out and records your results. That is the one you usually can't refuse, unless you want to be walking everywhere!
2007-01-20 17:01:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you can breath, you can take the breathalyzer test. At any rate, you are not arrested for not taking a breathlyzer. You are arrested before you even take the breathlyzer (for drunk driving). The breathlyzer is given to you after the police pulled you over, administered field sobriety tests, and the police have deemed that you have failed said field sobriety tests. If you refuse to take or don't take the breathalyzer properly, which is considered to be refusing to take the breathlyzer, you lose your license for the same amount of time and pay the same fines as if you took the breathalyzer properly and blew a BAC of 0.08 or higher. This is in New Jersey by the way.
2007-01-20 17:04:56 · answer #3 · answered by 420 5 · 0⤊ 0⤋
If you are capable of falling out of a chair unassisted, you can do a breath test. I have had people 70 + years old manage to do it. If someone can't do it it is because they are playing games trying to test under the limit.
I guarantee if you have the IQ to type a question on Yahoo you could do it. I think that your friend was trying to cover for looking stupid or get your sympathy because they "didn't do it".
What they did by not completing the test was basically obstruct the officer's investigation of the incident, but I wouldn't charge them with that. I would go simply for the poss. or consume underage.
Again, the excuse they didn't know what they were doing is totally ridiculous. If you can blow up a balloon you can take a breath test. What the machine (Instrument in our language as cops) tests is deep lung air because your body metabolizes alcohol through your lungs among other things and it measures grams of alcohol per 100 ml of blood. What that really means is we can tell how drunk you are by your breath, believe it or not.
2007-01-20 16:00:48 · answer #4 · answered by Lt. Dan reborn 5 · 0⤊ 0⤋
If someone is not performing a breathalyzer in the matter which is required to check if one is intoxicated, than it appears that the person is attempting to provide a false reading. After the 3rd attempt one should to be able to perform the task at hand properly. Yes, if not doing the field sobriety test properly they may be taken to jail, for now the officers have probable cause that the suspect is intoxicated.
2007-01-20 15:55:56 · answer #5 · answered by soccergirl47546 2 · 1⤊ 0⤋
I'm a bit uncertain as to how to address your question... taking a breathalyzer is literally as simple as exhaling, so it sounds as if the person was purposely giving the officers the runaround.
Regardless, if someone repeatedly fails/refuses to use the breathalyzer, it's conceivable that the police could charge the person with failure to provide a breath sample and take them to jail anyway.
2007-01-20 15:54:27 · answer #6 · answered by Duke 5 · 1⤊ 0⤋
In Texas, if you can not perform the breathalyzer, then they usually offer you a blood test. If you refuse the blood test you go to jail.
But yes, they can arrest you because you can not do it.
2007-01-20 17:28:27 · answer #7 · answered by Steph 3 · 0⤊ 0⤋
In Washington, you are already under arrest when you are asked to provide your breath samples. If you are unable to complete the test, you are either screwing around or really really drunk. Either way, you can be charged as a "refusal to blow" or offered an opportunity to give blood.
2007-01-20 21:45:23 · answer #8 · answered by Combatcop 5 · 0⤊ 0⤋
Yes that is true. A breathalyzer is not that hard to figure out how to use so they figure you are either hiding something or refusing(being stubborn), and one is suspicion, the other resistance.
Peace
&
Luv
2007-01-20 16:43:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
How can anyone screwup blowing into a straw,,, It usually means there "screwing up" to skew the test.
2007-01-20 18:14:59 · answer #10 · answered by pompanopete0 4 · 0⤊ 0⤋